HomeMy WebLinkAboutStaff Report 6.A 07/02/2012 Age'nd wItevw #6 .A
6p,LU
W
0
1859
DATE: July 2,-2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM Dan St. John, F.ASCE—Director, Public Works & Utilities
Ron DeNicola— Building & Grounds Manager
SUBJECT: Public Hearing, Resolution Adopting the Sonoma Glen Landscape Assessment
District Update.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Adopting the Sonoma
Glen Landscape Assessment District Update, OR,
Alternately,,if the ballot increase is rejected, adopt the attached Resolution Confirming the Count
of Protests and Rejecting the'Sonoma Glen Landscape Assessment District Update.
BACKGROUND
The Sonoma Glen LAD is comprised of 303 single family homes and 142:town homes, roughly
bordered,northeast of Sonoma Mountain Parkway by Burgundy'Ct.,.Ely Road, Nora Lane and
Valley View Rd. and southwest of Sonoma Parkwayby Maria Drive and Reisling Rd.
(Please see attached map and-description of the LAD and maintenance areas). Features within
the LAD generally include the.greenbelt bordering Corona Creek between Maria Drive and
Stonehenge Way, irrigated curbside lawn strips, cul de sac islands and other common landscape
areas.
The LAD was-formed'-in 1991 and the development expanded:in teases overthe'next two years.
The current year assessment is $50.60 for single family homes and $31.83 for town
homes. There is:a 2% automatic annual increase to the assessment.
Over the past twenty years landscape.maintenanbe.and water costs for the common areas in the
LAD have far ezcecded revenues resulting:in a current estimated deficit of$75,000. From 2001
through 2007, per City Council resolution,..the:City's general fund transferred monies to several
LADs whose accounts werein:deficits. Sonoma°Glen received $31,482 during that period.
The proposed action meets Council Goal: "Improve and enhance fiscal stability and
sustainability".
Agenda Revie}z+`\ \
City Attorney'' ^^� Finance Director City ManageC�--\1e
DISCUSSION
City staff has proposed an increase in the annual assessment in order to help balance the fund
over the-next several years. The new annual rate would'bel$7•5.00 for single family homes and
$49.00 for town homes (2/3 of Single Family homes as established at formation). This increase
will help to eliminate the deficit and build modest reserves for future improvements. On May 9,
2012, letters were sent to all parcel owners describing the-LAD, summarizing its history, the
need for a ballot vote to increase the annual assessment, and announcing the date of the Public
Hearing ofJuly 2, 2012,.where the ballot vote will be adopted.- Parcel owners received a ballot
form, map of the LAD and the Engineer's Report, which summarizes expenditures, revenues and
balances.
On May 7, 2012, City Council held a Public Meeting and adopted the Resolution Accepting the
Engineer's Report for the Sonoma Glen Landscape Assessment District and Setting the Time and
Place of a Public Hearing.to Consider Adopting the Sonoma Glen Landscape Assessment
District Assessment Update.
The Council has two options-for,conducting the balloting. It can direct the City Clerk to tabulate
the ballots at the July 2, 2012 meeting, which would allow adoption of the appropriate amount of
the assessment for the Sonoma Glen LAD. . Or, it may direct the,Clerk to conduct the ballot
tabulation at another place and time designated during tonight's public meeting, provided that the
public is given access to observe the count. This could be during regular working hours at City
Hall. In the latter case, staff anticipates that the existing assessment for Sonoma Glen would be
adopted with the other LAD assessments, and if the update for Sonoma Glen is approved in the
ballot tabulation, the new amount would be brought back for separate action at a subsequent
meeting.
The second option is not recommended by staff because it requires another meeting and would
delay the subsequent adoption of the resolution setting the annual assessments for all of the
LADs.
In the event that the update to the assessment fails, staff anticipates a dramatic reduction in
irrigation water to lawn-curb;stripsand in the green belt turf areas, as-well as significant
reductions in general maintenance. Another alternative would be for the City to annex the
greenbelt and commit City gencralfunds to support the costs of water and maintenance in this
area.. As,the:General Fund cannot support these costs, this alternative is not recommended.
FINANCIAL IMPACTS
Current annual revenuefrom assessment is $20,158. With the increase it would be $29,683,
resulting in an increase of$9,525 annually. There is no impact to the City general fund.
ATTACHMENTS,
1. Resolution Approving the Tabulation of Ballots-for the Assessment Update for the
Sonoma Glen Landscape Maintenance Assessment District—Not a Majority Protest
2: Resolution Approving the Tabulation of Ballots for the Assessment Update for the
Sonoma Glen Landscape Maintenance Assessment:District— Majority Protest
3. Resolution'Ordering the Improvements and Levying an Update Annual Assessment for
the Sonoma Glen Landscape Maintenance Assessment District for Fiscal Year 2012-
2013.
3
Attachment 1
'RESOLUTION-APPROVING.THE TABULATION`OF BALLOTS.FOR THE
ASSESSMENT UPDATE FOR THE SONOMA GLEN LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, the City of Petaluma ("City") is responsible for managing the Sonoma Glen
Landscape Maintenance Assessment=District ("District"); and
WHEREAS, at its May 7, 2012 regular meeting,-the'City Council received, accepted, and
filed an Engineer's Report for.an Assessment Update ("Assessment Update") for the District,
authorized an assessment_ballot proceeding in.conformance with the requirements of Article
XIIID of the California Constitution acid-Sections 53750 et seq. of the California Goverrmrent
Code and set a public hearing on`the Assessment Update for fuly'2, 2012; and
WHEREAS,.on or before May 18, 2012, the City of Petaluma,provided to all property owners
of record in the District a "Notice of Property Assessment"andPublic Hearing" ("Notice"), of the
public hearing on the Assessment Update; and
WHEREAS, the City provided with the Notice an assessment ballot for each owner of record to
approve or disapprove the proposed Assessment Update and a copy of the Engineer's Report;
and
WHEREAS, on July 2, 2012 the City‘Council conducted,a public hearing on the proposed
Assessment Update in accordance with the Notice, provided the public with an opportunity to
comment on the Assessment Update, and considered,all protests to the Assessment Update; and
WHEREAS,the°City Clerk received sealed ballots representing_ properties prior to
the close of the public testimony portion of the public hearing; and
WHEREAS, after the close of the.public testimony portion of the public hearing, the City
Council directed that the sealed ballots be opened in public and,tabulated by impartial persons as
provided by law. The tabulation of ballots indicated the following:
Single family=parcels @$75 per parcel voted in favor of the
Assessment Update
Townhome properties @ $49 per parcel voted in favor of the Assessment
Update
•
Single family parcels @ $75 per parcel voted against.the
• Assessment'Update
Townhome properties @'$49 per parcel voted against the
Assessment Update
Ballot(s) were disqualified as lacking an indicated vote, votes inconsistent
with the typeOf parcel ownership, lack of original signatures, improper or
late receiptor other disqualifying conditions consistent with the Notice
4
•
and provisions of State law, including;Government Code sections 53750 et
seq.
$29,683 Total value of the Assessment Update applied to all District parcels
Total value voted against the Assessment Update ( single family
homes.x $75; plus town homes x $49)
Percentage (%) of total value voting against the Assessment Update
NOW THEREFORE BE IT RESOLVED, after a duly noticed public hearing held on July 2,
2012, the City of Petaluma has determined from the tabulation of property assessment ballots
that there is not a majority protest to the Sonoma Glen Landscape Maintenance Assessment
District Assessment Update, resulting in approval of the Sonomna'Glen Landscape Maintenance
Assessment Update.
•
5
Attachment 2
RESOLUTION APPROVING THE TABULATION OF BALLOTS-FOR:THE
ASSESSMENT UPDATE FOR THE SONOMA GLEN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
WHEREAS,the City of Petaluma ("City") is responsible for managing the`Sonoma Glen
Landscape Assessment District ("District"); and
WHEREAS,:af itsiMay 7, 2012regular-public meeting, the City Council received, accepted,and
filed an'Engineer's.Report for the Sonoma Glen LandscapeMaintenance District Assessment
Update("Assessment Update"), authorized an assessment'ballot proceeding in confonnance with
the requirements of Article XIIID of the Constitution and Sections 53750 et seq. of the
California Government Code',and set a public hearing on the Assessment Update for July 2,
2012; and
WHEREAS, on or before May 18,:2012, the City of Petaluma provided to all property owners
of record in the District a "Notice of Property Assessment and Public Hearing" (`Notice"), of the
public hearing on the Assessment Update; and
WHEREAS, the City provided with the Notice an assessment ballot for each owner of record to
approve or disapprove the proposed Assessment Update and a copy Of the Engineer's Report;
and
WHEREAS, on_July 2,.2012-the City Council conducted a:public hearing on the proposed
Assessment Update in accordance with the Notice, provided the public with an opportunity to
comment on the Assessment Update,and considered all protests to`the Assessment Update; and
WHEREAS, the City Clerk received sealed ballots representing_ properties prior to
the close of the public testimony portion of the public hearing; and
WHEREAS, after the close of the public testimony portion of the.public.hearing, the City
Council directed that the sealed ballots be opened in public and tabulated by impartial persons as
provided by law. The tabulation of ballots indicated the following:
Single family parcels @$75 per parcel voted in favor of
Assessment Update
Townhome properties @ $49 per parcel-voted in favor of the
Assessment Update
Single family parcels @:$75'per parcel voted against the
Assessment Update
Townhome properties @ $49 per parcel voted against the
Assessment Update
Ballot(s) were?disqualifed as lacking an indicated vote, voting
inconsistent with the type of parcel ownership, lack of original signatures,
improper or late receipt or other disqualifying conditions consistent with
6
the Notice and provisions of State law,,including Government Code
sections 53750 etseq.
Total value of the Assessment Update applied to all District parcels
Total value voted against the Assessment Update (" single family
homes.x $75 plus townhomes x $49)
Percentage.(%) of total value voting against the Assessment Update
NOW THEREFORE.BE IT RESOLVED, after a duly noticed public hearing, held on July 2,
2012, the City of Petaluma has determined from the tabulation of property assessment ballots
that there is a majority protest,to the Sonoma Glen Landscape'Maintenance Assessment District
Assessment Update, resulting in rejection of the Assessment Update and leaving in place the
existing Sonoma Glen Landscape Maintenance Assessment District annual assessment for fiscal
year 2012-2013, as adopted without increase in the maximum amount of such assessment on July
2, 2012, by the City Council.
1908587.1
7
Attachment 3
A RESOLUTION ORDERING THEIMPROVEMENTS AND.LEVYING AN UPDATED
ANNUAL ASSESSMENT FOR THE SONOMA GLEN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013
WHEREAS, the City of Petaluma ("City") is responsible for managing the Sonoma Glen
Landscape Maintenance Assessment District ("District"); and
WHEREAS, at its May 7, 2012 regular public meeting, the City Council-received, accepted, and
filed an Engineer's Report for an Assessment Update(`Assessment Update") for the District,
authorized an assessment ballot proceeding in conformance with.the requirements of Article
XIIID of the California Constitution,and Sections 53750 etseq. of the California Government
Code and set a.public hearing on the Assessment Update for July 2, 2012; and
WHEREAS, on or before May 18, 2012, the City of Petaluma provided to all property owners
of record in the District a "Notice of Property Assessment and Public'Rearing" ("Notice"), of the
public hearing on the Assessment Update; and
WHEREAS, with the Notice, the City provided an assessment ballot for each owner of record to
approve or disapprove the proposed Assessment Update and a copy of the Engineer's Report;
and
WHEREAS, on July 2, 2012 the City Council conducted a public hearing on the proposed
Assessment Update in accordance with the Notice, provided the public with an opportunity to
comment on the Assessment Update, and considered all protests to the Assessment Update; and
WHEREAS, persons interested, objecting to said,improvements, including the maintenance,
thereof, or to the extent of the District, or any zones therein, or to the proposed Assessment
Update to the City Clerk the City of Petaluma at or before the conclusion said hearing, and all
persons interested, desiring to be heard, were given an opportunity to be heard, and all matters
and things pertaining to the levyand collection of the assessmentsfor said improvements,
including.the maintenance, thereof, were fully heard and considered by said Council; and
WHEREAS, after the conclusion of said public hearing, the City Council caused the ballots on
the Assessment Update to be tabulated in public; and
WHEREAS, the tabulation of ballots by the City Clerk resulted in less than a majority
percentage of parcels, weighted proportionally by value of each parcel's share of the Assessment
Update, voting in protest of and/or opposition to the Assessment Update.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma, County of Sonoma, as follows:
1. That the protests to the Assessment Update for the Sonoma Glen Landscape
Maintenance District ("District"), to identified improvements, including the maintenance,
thereof, or to the extent of the-District or any zones therein, or diagrams, or to the Engineer's
estimates of costs thereof, for Fiscal Year 2012-2013 have been received and considered.
8
2. That the public interest, convenience and necessity require,and the City Council does
hereby order, the levy and collection:of the Sonoma Glen:Landscape-Maintenance District
Assessment Update pursuant to the Landscape and Lighting.Act of 1972, for the construction or
installation of the improvements, including the maintenance, thereof, more particularly described
in said Engineer's Report and made a part hereof by reference thereto.
3. That the District and the boundaries thereof benefited and to be assessed for said costs
for the construction or installation of the improvements, including the maintenance, thereof, are
situated in the City of Petaluma,California, and are more particularly described by reference to
maps thereof on file in the office of the City Clerk of said City. Said maps indicate by a
boundary line the extent of the territory included in the District and of any zone thereof and the
general location of the District.
4. That the plans and specifications for the existing improvements and for the proposed
improvements to be made within the District or within any zone thereof contained in said report,
be, and they are hereby finally-adopted and approved.
5. That the Engineer's estimates of the itemized and total costs and expenses of said
improvements, if any, maintenance and servicing thereof, and of the incidental expenses in
connection therewith, contained in the report as amended, be, and it is hereby, finally adopted
and approved.
6. That the public interest and convenience require, and said Council does hereby order
the improvements to be made as described in and in accordance with said Engineer's Report,
reference to which is hereby made for amore particular description of said improvements.
7. That the diagram showing the exterior boundaries of-the District referred to and
described in said Resolution, and also the boundaries of any zones therein, and the lines and
dimensions of each lot of parcel of land within the District, as such lot or parcel of land is shown
on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel
of land has been given a separate number upon said diagram, as contained in each report, be, and
it is hereby, finally approved and•confirmed.
8. That the assessments of,the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in the District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance, thereof,and of the expenses incidental thereto, contained in said report, be,
and the same is hereby finally approved and confirmed.
1902679.1
•
9